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RODRIGUEZ v. YOSI TRUCKING

151 A.D.2d 556 (1989)

Elia Rodriguez, Individually and as Administratrix of The Estate of Rene Rodriguez, Deceased, Respondent, v. Yosi Trucking et al., Defendants; Consolidated Rail Corp., Appellant-Respondent, and Woodward Warehouse and Transportation Corp., Appellant and Third-Party Plaintiff-Appellant. Transamerica Realco, Inc., et al., Third-Party Defendants-Respondents-Appellants, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1989

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the cross appeal by the third-party defendants is dismissed, without costs or disbursements, because the third-party defendants are not aggrieved by it (see, CPLR 5511); and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the facts and as a matter of discretion, without costs or disbursements, and a new...

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